The Difference Between Divorce and Dissolution in Ohio

By
Elizabeth Warren, Esq. LLC
|November 09, 2018

In many states, divorce and dissolution are words that are often used interchangeably and hold the same meaning. However, in Ohio, divorce and dissolution have some distinct differences and understanding their differences can help you decide which method will best bring your marriage to an end. Of course, it is always a good idea to seek experienced legal guidance from a skilled family law attorney before you make any decisions or set the process in motion. At Elizabeth Warren, Esq. LLC, our skilled family law attorney has the experience and knowledge necessary to help you make the choice that is most suitable for your circumstances. Contact our office today at (614) 907-4771 to discuss your case.

Grounds for Divorce Versus Grounds for Dissolution

A divorce is a complaint that is filed by either a husband, wife, or domestic partner in the domestic relations division of their local court system. According to Ohio divorce law, this formal complaint must allege at least one of the following grounds for divorce:

Either party was already married at the time of the marriage

Willful absence of the adverse party for at least a year

Adultery

Extreme cruelty

Gross neglect of duty

The contract was fraudulent

Habitual drunkenness

Imprisonment of the adverse party

Both parties have lived separately for a year without interruption

Incompatibility

In a dissolution, both parties would file a joint petition, request the court to terminate the marriage, and ask that their separation agreement be approved. Much like a divorce complaint, a dissolution of marriage petition would be filed in the domestic relations division of the local court.

What to Expect

In a divorce, there are generally several key issues, including child custody, spousal support, and the division of assets, that must be agreed upon. If two spouses are unable to negotiate a divorce settlement, the case would go through litigation and a judge would have to make a ruling on each of these issues based on the arguments their respective attorneys present. To file for a divorce in Ohio, at least one party must have been a resident of the state for at least 6 months and a resident of the county where the complaint is being filed for at least 90 days. Of course, how long the entire process takes depends entirely on the specific details of each case and situation. The more complex and contentious the circumstances are, the more likely it is to take more time. That said, a skilled divorce attorney should be able to help you navigate these obstacles with greater ease than if you were to handle it on your own.

If you were to obtain a dissolution, on the other hand, this would mean that both you and your spouse agree on every key issue. Therefore, a dissolution would be a more cost-effective end to your marriage as long as all of the details, such as property division, child support, spousal support, and child custody, are agreed upon. In addition to being a more cost-effective option, dissolution also presents fewer hardships in regards to both parties’ emotions. It is important to keep in mind that even if you and your soon-to-be former spouse agree on everything, you must still have your own attorneys. Furthermore, it is always best to have your respective attorneys look over the paperwork to ensure your interests are protected. The last thing you want is to make any unnecessary mistakes.

Making this decision on your own can be difficult and confusing, so make sure you first consult with an attorney who is experienced in handling these cases before you get started on dissolving your marriage.

Experienced Family Law Attorney in Columbus

If you and your spouse are no longer able to make your marriage work, you need to hire a divorce attorney to ensure your interests are well protected. Dissolution is a great, non-adversarial approach to ending a marriage, though it still requires knowledgeable legal guidance. At Elizabeth Warren, Esq. LLC, our experienced divorce attorney is dedicated to providing the effective representation and advice you need to get you through this emotional experience.

In addition to our extensive knowledge, we offer a flat fee and private judge, which eliminates the need to go downtown for court. We can do any dissolution in the state of Ohio, as long as clients are willing and able to travel to Columbus for the final hearing.

Get started on your case today and reach out to our law firm at (614) 907-4771 to discuss your needs, concerns, and questions. With so much at stake, you should not attempt to go through this on your own. Place your future in the hands of a trusted family law attorney.

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